When a relationship comes to an end, one of the most pressing concerns is how assets will be divided. Under Scots law, the focus is on identifying and valuing matrimonial property and then sharing it fairly, which does not always mean equally. Understanding what is included, what is excluded, and how fairness is assessed can help separating couples make informed decisions and avoid unnecessary dispute.

Separation or divorce is rarely straightforward, particularly when finances are involved. Questions about the family home, savings, pensions and debts often arise at an emotionally difficult time. In Scotland, the division of assets follows a clear legal framework, but the outcome will depend very much on individual circumstances. Early legal advice can make a significant difference, both to the eventual settlement and to the stress involved in reaching it.

Not married? See our article Cohabiting Couples – financial provision on separation

What counts as matrimonial property?

Under Scots law, only matrimonial property is taken into account when dividing assets on separation, divorce or the dissolution of a civil partnership. Broadly speaking, this includes property acquired by either party during the marriage or civil partnership but before the date of separation.

Common examples include:

• The family home, if purchased during the relationship
• Savings built up during the marriage or civil partnership
• Pensions accrued during that period
• Investments acquired during the relationship, whether jointly or individually

Assets that are usually excluded include:

• Property owned before the marriage or civil partnership
• Inheritances or gifts received from third parties
• Assets acquired after the date of separation

Identifying what falls inside and outside the matrimonial pot is often one of the most important early steps.

Establishing the value of assets and debts

Once matrimonial property has been identified, it must be valued as at the relevant date, which is usually the date the parties stopped living together. This applies to both assets and debts.

Valuation may involve:

• Professional property valuations
• Pension sharing or actuarial reports
• Statements for savings, loans and credit cards

This process allows a clear overall financial picture to be established and forms the basis for any meaningful settlement discussions.

Is everything split 50/50?

A common misconception is that matrimonial assets are always divided equally. While equal sharing is the starting point under Scots law, the court can depart from a strict 50/50 division where fairness requires it.

Fairness may be influenced by factors such as:

• Economic advantage gained by one party from the contributions of the other
• Economic disadvantage suffered by one party in the interests of the family
• The future financial needs of either party, particularly where children are involved

Every case turns on its own facts, and outcomes can vary widely depending on circumstances.

Real-world examples of how fairness is applied

Scottish courts have consistently confirmed that equal sharing is a starting point rather than an automatic outcome. In cases such as Jacques v Jacques and Cunniff v Cunniff, the courts recognised that fairness may justify a departure from an equal split, particularly where one party has suffered economic disadvantage in the interests of the family or where pension provision is significantly unequal.

For example, where one spouse has given up or scaled back a career to care for children, the court may take account of the long-term impact this has had on their earning capacity and future financial security. In such circumstances, a greater share of the matrimonial assets may be justified to reflect that economic disadvantage.

Similarly, pensions are often among the most valuable matrimonial assets, yet also the most misunderstood. If one party has built up a substantial pension during the marriage while the other has little or none, the court may adjust the overall division of assets. This might be achieved through pension sharing or by awarding a greater share of other matrimonial property, with the aim of reaching a fair outcome overall.

These examples illustrate that the court’s focus is on fairness in the round, rather than applying a rigid or formula-based approach.

What about civil partnerships?

The same principles apply to the dissolution of a civil partnership in Scotland. The law treats marriage and civil partnership consistently when identifying matrimonial property and assessing how assets should be shared fairly.

Why early legal advice matters

Early advice allows you to:

• Understand your legal position from the outset
• Avoid unrealistic expectations about how assets will be divided
• Protect your interests before informal arrangements are made
• Reduce the risk of disputes escalating unnecessarily

Decisions taken early in a separation can have long-term financial consequences, making timely legal guidance particularly important.

How Paris Steele can help

At Paris Steele, we understand that separation is not just a legal process but a personal one. Our Family Law team provides clear, practical advice tailored to your circumstances, helping you navigate the division of assets with confidence and clarity. We focus on early guidance and sensible solutions to help you move forward with certainty.

If you are considering separation or have already separated and need advice on dividing assets, speaking to a solicitor sooner rather than later can make all the difference. Paris Steele is here to help you understand your options and plan your next steps with confidence. If you are looking for help or advice on division of matrimonial property, please contact our Family Law team.